Chapter XXXVI
Section 482 CrPC: Saving of inherent power of High Court
New Law Update (2024)
Section 530 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
Important Sub-Sections Explained
Landmark Judgements
State of Haryana v. Bhajan Lal (1992):
This landmark judgment laid down illustrative categories under which the High Court can exercise its inherent powers under Section 482 CrPC to quash an FIR or a criminal complaint, emphasizing that these powers should be exercised sparingly and with caution.
R.P. Kapur v. State of Punjab (1960):
This early Supreme Court judgment outlined four broad categories where the inherent power of the High Court could be exercised to quash a criminal proceeding, particularly when the allegations in the FIR or complaint, even if taken at face value, do not constitute an offence.
M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (2021):
This recent Supreme Court judgment reiterated and clarified the principles governing the exercise of inherent powers under Section 482 CrPC, cautioning against a mini-trial at the stage of quashing and emphasizing that the High Court should not ordinarily interfere with the investigation unless the allegations are ex facie untenable.
Draft Format / Application
IN THE HIGH COURT OF [STATE NAME] AT [HIGH COURT CITY]
CRIMINAL MISCELLANEOUS APPLICATION NO. [NUMBER] OF [YEAR]
IN THE MATTER OF:
[NAME OF PETITIONER/ACCUSED] …PETITIONER
VERSUS
THE STATE OF [STATE NAME]
THROUGH [NAME OF POLICE STATION/RESPONDENT AUTHORITY] …RESPONDENT(S)
APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973
FOR QUASHING OF FIRST INFORMATION REPORT BEARING NO. [FIR NUMBER]
DATED [DATE OF FIR] REGISTERED AT POLICE STATION [POLICE STATION NAME],
DISTRICT [DISTRICT NAME], FOR OFFENCES UNDER SECTIONS [LIST RELEVANT SECTIONS]
OF THE INDIAN PENAL CODE, 1860, AND ALL CONSEQUENTIAL PROCEEDINGS ARISING THEREFROM.
MOST RESPECTFULLY SHOWETH:
1. That the Petitioner is [Brief introduction of the Petitioner, e.g., an innocent citizen, resident of…].
2. That the present application is being filed seeking the inherent powers of this Hon’ble Court under Section 482 of the Code of Criminal Procedure, 1973, for quashing of FIR No. [FIR NUMBER], dated [DATE OF FIR], registered at Police Station [POLICE STATION NAME], for offences under Sections [LIST RELEVANT SECTIONS] of the Indian Penal Code, 1860, and all consequential proceedings arising therefrom.
3. [Briefly state the facts leading to the FIR, e.g., a false complaint was lodged, dispute is civil in nature, etc.]
4. [Detail the grounds for quashing, e.g., the allegations in the FIR, even if taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the petitioner; the FIR is a clear abuse of the process of law; the dispute is purely civil and given a criminal colour; there is no material to show the commission of any cognizable offence; etc.]
5. That the continuation of the said FIR and criminal proceedings against the Petitioner is nothing but an abuse of the process of law and will lead to grave injustice, warranting the intervention of this Hon’ble Court under its inherent powers.
6. That there is no other equally efficacious remedy available to the Petitioner save and except to approach this Hon’ble Court.
7. That the Petitioner has not filed any similar application before this Hon’ble Court or any other Court.
PRAYER:
In view of the aforesaid facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:
a) Quash the First Information Report bearing No. [FIR NUMBER] dated [DATE OF FIR], registered at Police Station [POLICE STATION NAME], District [DISTRICT NAME], for offences under Sections [LIST RELEVANT SECTIONS] of the Indian Penal Code, 1860, and all consequential proceedings arising therefrom, against the Petitioner.
b) Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.
DATED THIS [DAY] DAY OF [MONTH], [YEAR]
PETITIONER
THROUGH COUNSEL
[NAME OF COUNSEL]
ADVOCATE FOR THE PETITIONER
[ENROLLMENT NUMBER]
[CONTACT DETAILS]